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U.S. v. CHAVEZ

No. 12-2047.

705 F.3d 381 (2013)

UNITED STATES of America, Plaintiff-Appellee v. Rocio CHAVEZ, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: February 6, 2013.

Attorney(s) appearing for the Case

Joshua W. Weir , Omaha, NE, for Appellant.

Frederick D. Franklin , AUSA, Omaha, NE, for Appellee.

Before WOLLMAN, BYE, and BENTON, Circuit Judges.

BENTON, Circuit Judge.

Rocio Chavez pled guilty to misuse of a social security number, in violation of 42 U.S.C. § 408(a)(7)(B). Her conditional plea allows this appeal. Chavez alleges that the district court should have dismissed the indictment because her arrest and detention violated Federal Rule of Criminal Procedure 5(a). Having jurisdiction under 28 U.S.C. § 1291, this court affirms.

I.

In January 2011, the Department of Homeland...

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